If a defendant is legally declared insane, can a judge, in sentencing, dismiss a sentencing enhancement of ten or even twenty-five years for that defendant’s use of a firearm, as provided under the new Penal Code § 12022.53 (Senate Bill 620)? A recent Fourth Appellate Court decision addressed this issue in a case out of San Bernardino Superior Court. To read a short summary of what the appellate court judges decided, please click on the following link.
https://www.greghillassociates.com/does-sb-620-new-pc-12022-53-apply-to-insanity-defendants.html.